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West Springfield Police Capt. Daniel O'Brien reaches settlement with city on misconduct allegations

west springfield police restraining chair.jpg

West Springfield officials released a report on Friday detailing six allegations of misconduct against Police Capt. Daniel M. O'Brien. The report contains this photo of a woman in a restraint chair. Her head is bound to the chair by red packing tape, the type used to secure evidence. The tape covers her mouth and warps all the way around her head and part of the chair.
(Photo provided by City of West Springfield)

WEST SPRINGFIELD — Police Capt. Daniel M. O'Brien, who is accused of improperly binding a woman's head and mouth with tape while she was in police custody in 2011, has reached a settlement with the city of West Springfield.

Daniel M. O'BrienThe Republican [file]

Someone, presumably a police officer or civilian employee, took a photo of the woman bound with tape in the police station booking area and sent it to the Hampden County District Attorney's Office and to federal prosecutors who declined to prosecute O'Brien, but the the probe launched an internal investigation performed by a private investigator retained by the city.

The settlement will remain secret for four days under Civil Service Law, said Mayor Gregory Neffinger, who must review the settlement in that time.

Neffinger promised a news release detailing the the outcome after the time has elapsed.

O'Brien's attorney, Timothy M. Burke of Needham, said the agreement avoids the prospect of drawn-out litigation in the case. "That prospect is daunting to everyone," Burke told reporters following a hearing Friday afternoon. "It's been a fruitful and productive process."

The woman in the photograph, whose name was not made public, has retained attorney David Hoose of Northampton. Hoose won't say if a lawsuit is forthcoming or not.

There were six allegations brought against O'Brien in the report. Two other cases involved improper use of the restraint chair. O'Brien also was accused of failing to disclose his medical and military background on forms he used to join the police in West Springfield and Belchertown in the 1980s.

Those forms are filled out under pain of perjury, according to the report.

On Friday, Police Chief Ronald P. Campurciani said the resolution helps the police force move on from the incident.

"(It's the) best resolution we think, including the community and the police force," he said. "This thing could go on for months and months and months, and I think everyone understood that."

O'Brien has been on paid administrative leave since the tape incident came to light in January 2012. That status has not changed as of Friday, his attorney said. O'Brien earns $104,000 a year.